Paragraph 3: Taking of evidence

Any person summoned to be heard as a witness is required to appear, to take an oath and to give evidence subject to the provisions of Articles 226-13 and 226-14 of the Penal Code. Any journalist heard as a witness on information gathered in the course of his or her work is free not to reveal its origin.

A witness who fails to appear or refuses either to take the oath or to give evidence may, on the application of the public prosecutor, be fined €3,750 by the court. .

If the witness does not appear, and if he has not put forward a reason for excuse recognised as valid and legitimate, the court may, on the application of the public prosecutor or even of its own motion, order that the witness be immediately brought before it by the public force to be heard, or refer the case to a future hearing.

A witness who has been fined or ordered to pay costs for non-appearance may, at the latest within five days of service of this decision made on his person or at his domicile file an objection. The right of appeal is open to him only in respect of the judgment given on this objection. .

A witness who has been convicted of refusing to take an oath or to give evidence may appeal.

Before hearing witnesses, the chairman questions the accused and receives his statements.

Subject to the provisions of Article 401, the public prosecutor and the parties’ lawyers may put questions directly to the accused, the civil party, the witnesses and any persons called to the stand, by asking the president to speak. The accused and the civil party may also put questions through the president.

When a witness is deaf and dumb or does not speak sufficient French, the provisions of articles 407 and 408 are applicable.

The witnesses then testify separately, either as to the facts with which the accused is charged, or as to his character and morality. Of the witnesses called, those produced by the prosecuting parties shall be heard first, save for the president himself to settle sovereignly the order in which the witnesses are to be heard. Persons proposed by the parties who are present at the opening of the proceedings without…

Witnesses must, at the request of the president, state their surname, first names, age, occupation and place of residence, whether they are related or related by marriage to the accused, the person civilly liable or the civil party and whether they are in their service. Where applicable, the president will ask them to specify what relations they have or have had, with the accused, the person civilly liable, or the…